BILL ANALYSIS AB 1139 Page 1 Date of Hearing: January 10, 2000 ASSEMBLY COMMITTEE ON REVENUE AND TAXATION Wally Knox, Chair AB 1139 (Strom-Martin) - As Amended: January 3, 2000 Majority vote. Fiscal committee. SUBJECT : Personal Income Tax Checkoff: Animal Population Control Fund SUMMARY : Authorizes the addition of a new personal income tax checkoff to fund an animal population control program that will be administered by the Department of Food and Agriculture (DFA). Specifically, this bill : 1)Allows the Animal Population Control Fund checkoff to remain on the tax form for five years after it is added to the tax form, provided it receives a minimum level of contributions (equal to $250,000 in its first year on the form and increased for inflation in subsequent years). 2)Authorizes money contributed to the Animal Population Control Fund to be used to reimburse the Franchise Tax Board (FTB) and Controller for administering the checkoff and to fund an animal population control program that will be administered by DFA. 3)Requires the Animal Population Control Fund checkoff to wait until another checkoff comes off the income tax form before it is allowed to be added to the form. However, if the animal population control checkoff has not been added to the income tax form by the 2002 tax year, the bill also requires the checkoff to be placed on the form beginning in the 2003 tax year (i.e., returns due in April, 2004). EXISTING LAW allows taxpayers to contribute money to one or more of thirteen voluntary contribution funds by checking a box on their state income tax return. California law requires contributions made through checkoffs to be made from taxpayers' own resources (not from their tax liability, as is possible on federal tax returns). Checkoff amounts may be claimed as charitable contributions on taxpayers' tax returns during the subsequent year. AB 1139 Page 2 FISCAL EFFECT : An estimate of the cost of this bill is not yet available from the FTB. However, on the basis of FTB analyses of other income tax checkoff bills, Committee staff estimate that the cost will result in revenue losses in the range of $15,000 annually beginning in the fiscal year after the checkoff first appears on the tax form. COMMENTS : 1)This bill is intended to help fund a program that will allow low-income pet owners to spay and neuter their pets. Although the bill currently directs checkoff contributions to DFA, DFA does not currently administer a program similar to the one that the author wishes to be funded with the checkoff contributions. According to the author's office, the bill will likely be amended to redirect funds to a nonprofit that they expect to be established at some time in the future. 2)Reduced-cost spay and neuter services are currently available to low-income individuals through various humane societies, local government agencies, and veterinarians. However, these services are typically provided on a jurisdiction-by-jurisdiction basis. At present, there is no state department or agency, private statewide organization, or coordinated group of local agencies that runs a program to help low-income individuals spay and neuter their pets. Because no organization exists to receive and distribute the funds contributed through the checkoff provided by this bill, the bill may be premature. 3)This bill includes a sunset date and a $250,000 minimum contribution requirement, two provisions the Legislature has been requesting of any checkoff being considered for inclusion on the tax return. 4)The bill also includes a requirement that another checkoff come off the income tax form before this one can go on. This provision of the bill is similar to one included in SB 493 (Figueroa), Chapter 398, Statutes of 1999. Requiring checkoffs to wait in line before being placed on the tax form is intended to address concerns that the tax form is very close to exceeding its current two-page length. Going to a three-page form would be extremely costly for the state because of increased printing and processing costs. AB 1139 Page 3 FTB staff indicate that if more than one checkoff is waiting in line to go on the form, they would likely use chaptering order to determine the order in which the checkoffs would be added. 5)Unfortunately, there is no alternative that is clearly preferable to queuing if we wish to retain a two-page form. The 1999 tax form already double-stacks the checkoffs and uses a smaller font in order to save space. One alternative that would eliminate the need for queuing involves restructuring the income tax forms by removing checkoffs from the 540-series forms and placing them all on a separate schedule. Any taxpayer wishing to contribute money to one of the checkoff funds could then fill out and attach the additional schedule to his or her return, in much the same way as that taxpayer might complete Schedules CA or D and attach them to his or her return. However, removing the checkoffs from the form and adding them to a separate schedule would reduce their visibility and decrease the likelihood that taxpayers would choose to contribute. It would also increase printing costs. REGISTERED SUPPORT / OPPOSITION : Support The Fund for Animals Doris Day Animal League AB 1139 Page 4 Opposition None on file Analysis Prepared by : Eileen A. Roush / REV. & TAX. / (916) 319-2098